ORDINANCE NO. BL2009-392

An ordinance to amend Title 17 of the Metropolitan Code of Laws, the Zoning Ordinance of The Metropolitan Government of Nashville and Davidson County, by amending the preliminary plan for the Nashville West Planned Unit Development located at 6702, 6704, 6708, 6734, 6806, 6814, and 6816 Charlotte Pike and Charlotte Pike (unnumbered), located between Summerly Drive and I-40 (53.16 acres), to increase the overall PUD square footage from 521,921 to 527,458 square feet of retail, office, and restaurant uses and to eliminate the approved 24 multi-family units, zoned SCR, all of which is more particularly described herein (Proposal No. 2004P-036-001).

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. That Title 17 of the Code of Laws of The Metropolitan Government of Nashville and Davidson County, is hereby amended by making certain changes in the Official Zoning Map for Metropolitan Nashville and Davidson County, which is made a part of Title 17 by reference, as follows:

By amending the preliminary plan for the Nashville West Planned Unit Development located at 6702, 6704, 6708, 6734, 6806, 6814, and 6816 Charlotte Pike and Charlotte Pike (unnumbered), located between Summerly Drive and I-40 (53.16 acres), to increase the overall PUD square footage from 521,921 to 527,458 square feet of retail, office, and restaurant uses and to eliminate the approved 24 multi-family units, zoned SCR, as being Property Parcel Nos. 093, 094, 095, 096, 097, 098, 099 as designated on Map 102-00 and Property Parcel No. as designated on Map of Official Property Identification Maps of The Metropolitan Government of Nashville and Davidson County, all of which is described by lines, words and figures on the attached plan that was duly considered by the Planning Commission, and which is on file with the Metropolitan Planning Department and made a part of this ordinance as though copied herein.

Section 2. Be it further enacted, that the Metropolitan Clerk is hereby authorized and directed, upon the enactment and approval of this ordinance, to cause the change to be made on Sheet No. 102 of said Official Zoning Map for Metropolitan Nashville and Davidson County, as set out in Section 1 of this ordinance, and to make notation thereon of reference to the date of passage and approval of this amendatory ordinance.

Section 3. Be it further enacted, that the maximum development on the site shall be 527,458 square feet of retail, restaurant and office uses and a maximum of 30 dwelling units.

Section 4. Be it further enacted, that the developer may apply the available development entitlements through either the implementation of the design concept as presented in this request or as shown on the originally approved preliminary plan.

Section 5. Be it further enacted, that the park green, as identified on the site plan, shall be completed six months after the Use and Occupancy permit for the final building east of the park has been issued.

Section 6. Be it further enacted, that a corrected copy of the amended PUD plan incorporating the conditions of approval by the Planning Commission and Council shall be provided to the Planning Department prior to any additional development applications for this property, and in no event later than 120 days after the effective date of the enacting ordinance. If a corrected copy of the preliminary PUD plan incorporating the conditions of approval therein is not provided to the Planning Department within 120 days of the effective date of the enacting ordinance, then the corrected copy of the preliminary PUD plan shall be presented to the Metro Council as an amendment to this PUD ordinance prior to approval of any grading, clearing, grubbing, final site plan, or any other development application for the property.

Section 7. Be it further enacted, that this ordinance take effect immediately after its passage and such change be published in a newspaper of general circulation, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Buddy Baker

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LEGISLATIVE HISTORY

Introduced: February 3, 2009
Passed First Reading: February 3, 2009
Referred to: Planning Commission - Approved 5-4
(January 6, 2009)
Planning & Zoning Committee
Passed Second Reading: March 3, 2009
Passed Third Reading: March 17, 2009
Approved: March 19, 2009
By:
Effective: March 23, 2009